problems with landlord

[winchester resident]

Kentucky
I moved into a home of a couple that I was working for in around February of this year. Recently there has been some tension between us and we haven't talked much. My electric bill was in her name and I was giving her money to pay it each month. This month I was a little late but new I would pay a little extra. I gave her the money and she didn't pay the bill and I came home from work on a Friday and the electric had been shut off. She has kept the money saying that it is my fault and refuses to turn the electric back on or let me put it in my name and turn it on. I stayed with my sister a couple of days but went home once of twice(it's a 30 minute drive each way from where I work) to feed and water the animals. I got a call on Sunday stating that she had gone in to feed and water the animals and the place was a mess. I completely agree with that, I won't dispute that I needed to clean. I was told that I need to look for a place and that's fine with me and I told her that we would consider it a 30 day notice at that point. She told me I would need to replace the carpet in that 30 days and I told her I had no problem with that either. I took the animals to my sister's house the next day due to the fact that there is no electricity in the home. I went back later that night to pick up some of my belongings and my front door was open and nobody was around. I don't know who all had been in my place and all of my belongings are still in the house. I was called today(Tuesday) and was told that she was going to try to have me arrested for destruction of property and that if I was out by Friday (3 days from now) that they wouldn't go to the police. Can she do that? Isn't the carpet a civil matter and not criminal? Could that be considered a threat? And how many violations did she make against me? I just want to know where I stand before I proceed with this any further. Any help would be greatly appreciated.

A lot of questions. First, she can't legally have the utilities turned off. If they were in your name and it was turned off for non-payment, fine. But since they were in her name, she needs to issue you a Pay or Quit notice to get you to pay the monies owed, not turn off the utilities. Turning off utilities is illegal. See Kentucky Landlord Tenant Law

"Right to Have Essential Services. If the landlord willfully fails to supply heat, running water, hot water, electricity, gas, or other essential services as stipulated in the lease, the tenant may give the landlord written notice stating the problem and may:
* obtain the services and deduct the cost from the rent
* go to court to recover damages for the amount the rental value of the property diminished due to the lack of services, or
* move out until the landlord supplies the service. In this situation, the tenant is not required to pay rent to the original landlord for this period.
Once the tenant takes these actions, however, he forfeits his right to act in any other manner previously described. For example, once the tenant obtains an essential service himself that the landlord has failed to supply, and deducts the cost from the rent, he may not also terminate the lease for the same reason (KRS 383.640). "

You had the responsibility to keep your animals watered, fed, and cared for (they need fed, watered, and walked or cleaned litter box daily not once or twice); and to keep the unit clean. Sounds like the animals destroyed the carpet due to neglect.

"KRS 383.605 of the Landlord/Tenant Act requires the tenant to:
* adhere to those building and housing codes affecting health and safety that apply to tenants
* keep the premises as clean and safe as practical"

If you purposefully destroyed property (which I doubt was your intention) she could have you arrested for vandalism or destruction of private property. But in order to do this, the destruction would have to be obvious (like a tenant spray painting obscenties on the walls). Destruction of carpet by your pets is a civil matter to be addressed by your deposit or a small claims suit.

She can serve you with a 7 day Pay or Quit notice if you owe money. (Pay what is owed, or be out in 7 days, or face eviction) Or a 15 day Perform or Quit notice for lease violations (fix whatever is wrong - like keeping the place clean, or move out within 15 days, or face eviction), or a 15 day Quit notice for a repeat ocurrence of some lease violation which you had been previously warned about (move in 15 days or face eviction). I don't know where she gets the idea she can give a 3 day notice because KY state law does not call for that amount of notice for any rental problem.

It looks like you can move out until the utilities are restored. You owe no rent for this period as per the above section. You can also send notice to the LL of the problem and allow her 14 days to correct or you will terminate the lease in 30 days.

"Right to Terminate Lease. If the landlord fails to comply with the provisions of the lease or the Landlord/Tenant Act, although he has been given adequate notice of the problem or violation by the tenant, the tenant may initiate proceedings to terminate the lease (KRS 383.625). First, the tenant must deliver written notice to the landlord describing the landlord's act of noncompliance and stating that he will terminate the lease after thirty days if the situation described is not remedied within fourteen days. If the landlord either makes the necessary repairs or pays damage within the allotted time, the rental agreement may not be terminated. If the landlord fails to comply with the notice, however, and causes the tenant to move, the landlord must return all prepaid rent. "

See the site listed above to find agencies that offer legal assistance to those in KY.

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